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Disposals in breach of contractual rights – don’t forget the tort

Parties to a contract dealing with rights over an asset may agree that the asset must not be transferred to anyone else except in particular circumstances. What happens if the asset is transferred to someone else in breach of those restrictions?

Can a claim be made against the transferee?  Where the asset is land, lawyers tend to look for a remedy in property law, but that is not the whole story.  If the asset is not land, or if property law cannot help, there can still be a claim.  Andrew Walker QC discusses one of the main alternatives in the law of tort, and the potential for obtaining an injunction to unravel a wrongful transfer.

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